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403.862 Warrant to take physical custody of child.
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Upon the filing of a petition seeking enforcement of a child custody
determination, the petitioner may file a verified application for the issuance of a
warrant to take physical custody of the child if the child is immediately likely to
suffer serious physical harm or be removed from this state.
If the court, upon the testimony of the petitioner or other witness, finds that the
child is imminently likely to suffer serious physical harm or be removed from
this state, it may issue a warrant to take physical custody of the child. The
petition shall be heard on the next judicial day after the warrant is executed
unless that date is impossible. In that event, the court shall hold the hearing on
the first judicial day possible. The application for the warrant shall include the
statements required by KRS 403.856(2).
A warrant to take physical custody of a child shall:
(a) Recite the facts upon which a conclusion of imminent serious physical
harm or removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the child
immediately; and
(c) Provide for the placement of the child pending final relief.
The respondent shall be served with the petition, warrant, and order
immediately after the child is taken into physical custody.
A warrant to take physical custody of a child is enforceable throughout this
state. If the court finds, on the basis of the testimony of the petitioner or other
witness that a less intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical custody of the
child. If required by exigent circumstances of the case, the court may authorize
law enforcement officers to make a forcible entry at any hour.
The court may impose conditions upon placement of a child to ensure the
appearance of the child and the child's custodian.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 32, effective July 13, 2004.
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